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Home My WebLink About17-18 4 Dillon Court.-Vp —A TOWN OF NANTUCKET m �' BOARD OF APPEALS ON NANTUCKET, MA 02554 f N APPLICATION Fee: $450.00 File No. ! -18 Owner's name(s): Edith Ann Ray and Seth H. Dillon, as Trustees of Sixty -Two Miacomet Avenue Nominee Trust Mailing address: c/o Reade, Gullicksen, Hanley & Gifford, LLP 6 Young's Way, Post Office Box 2669, Nantucket, Massachusetts 02584 Phone Number: 508-228-3128 E -Mail: air@readelaw.com Applicant's name(s): Same Mailing Address: Same Phone Number: Same E -Mail: Locus Address: 4 Dillon Court Land Court Plan 38026-J, Lot 34 Certificate of Tide: 20158 Zoning District Uses on Lot- Commercial: None Residential: Number of dwellings One Date of Structure(s): 1989 Building Permit Numbers: Previous Zoning Board Application Numbers: None Same Assessor's Map/Parcel: Now Residential -20 (R-20) 67-353 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: Locus, which contains 13,401 square feet in lot area and has 40 feet of frontage on the end of Dillon Court, was formerly in the Residential Commercial -2 (RC -2) zoning district, in which minimum lot area was 5,000 square feet and minimum frontage was 40 feet, and was created as a separate lot by an approval -required subdivision plan endorsed by the Planning Board on March 23, 2009, based upon a preliminary plan filed on April 5, 2007, and approved by the Planning Board. Locus is now in a Residential -20 (R-20) district, in which minimum lot area is 20,000 square feet and minimum frontage is 75 feet. Locus contains a single-family dwelling constructed in 1989. The "plan freeze" of the RC -2 zoning expired on March 23, 2017, eight years following the date of endorsement of the plan. Accordingly, the applicants request relief by Variance under Nantucket Zoning By- law §139-32 from the minimum lot area requirement of 20,000 square feet and minimum frontage of 75 feet under By-law §139-16 (Intensity Regulations) in order for locus to be validated as a residential building lot. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Edith Ann Ray andSeth H. Diffi , Trustees Owner - By: SIGNATURE: IAL41�Appliean /Attorney/Agent rthur I. Reade, Jr. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:-/-/- Planning Board:_/_/_ Building Dept.:-/-/- By: Fee deposited with Town Treasurer:_/_/_ By: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:_/_/_ Mailed:_/_/_ Hearing(s) held on:—/—/— Opened on /_/_ Continued to:—/—/— Withdrawn:_/_/_ Decision Due By:—/—/— Made:—/—/— Filed w/Town Clerk:—/—/— Mailed:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile lawn aria I—ourity oT IvaniuCKei, NIA I° I 67 352' 6U` r- 67 353 4 67 354 64 G69 Property Information Property ID 67 353 Location 4 DILLON CT Owner DILLON MIRIAM TRUSTEE MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 04/06/2018 April b. zuib 54 67351 5 4; 1"=67ft � 57,3 0 y �y ki 67351 5 4; 1"=67ft SUBDIVISION PLAN OF LAND IN NANTUCKET Charles W. Hart and Associates, Inc., Surveyors March 13, 2009 YNCOMET d.h. C.8.. i ^ 1 30.00 21 Plan No. 38026 D Cert. No. 9029 ( 40.00 Wide ) 5 1 40.00 5.00 35.00 Q`Proposed p utility 40.00 Easement (l0.00wide) I I 34 o— WI �I y1b O � °I 0 al I I o �o MIACOMET POND Subdivision of Lot 31 (a Great Pond ) Shown on Plan 38026—H Filed with Cert. of Title No. 20158 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as Lots 34, 35 and 36 By the Court. September 8, 2009 Recorder ST -0985 A VENUE ti o` U 33 Copy of port of pion J8026-1 - filed in - L4ND REGISTRATION OFFICE Sept. 8, 2009 Scale of this plan 40 feet to on inch TC Pontbriand, Acting Engineer for Court.. F- j O 36 h - 35 - O v O !� 40.00= 5.00 35.00 Q`Proposed p utility 40.00 Easement (l0.00wide) I I 34 o— WI �I y1b O � °I 0 al I I o �o MIACOMET POND Subdivision of Lot 31 (a Great Pond ) Shown on Plan 38026—H Filed with Cert. of Title No. 20158 Registry District of Nantucket County Separate certificates of title may be issued for land shown hereon as Lots 34, 35 and 36 By the Court. September 8, 2009 Recorder ST -0985 A VENUE ti o` U 33 Copy of port of pion J8026-1 - filed in - L4ND REGISTRATION OFFICE Sept. 8, 2009 Scale of this plan 40 feet to on inch TC Pontbriand, Acting Engineer for Court.. F- e°.4%°PcF�V 44' , 2 qss� s°q s uc ti°F Z��B Town of Nantucket �$)I'M q Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN' THE MATTER OF THE PETITION OF: PROPERTY OWNER. Edith Ann Ray and Seth H. Dillon, Trustees of Sixty -Two Miacomet Avenue Nominee Trust ...... ......... ................... ........ ..I ...... ...... A�IAILING ADDRESS.... c/o Reade, ;Gullicksen, Hanley.; & Gifford: LLP PROPERTY LOCATION... 4 Dillon Court . ... . .. . . . . . . . . . ASSESSOR MAP/PARCEL..... M92 67: Parcel 353 SUBMITTED BY........ Reade, Gullicksen, Hanley & Gifford, LLP SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2)• 3 -Zs- ItS DATE ASSESSOR'S OFFICE TOWN OF NANTUCKET �I c Z H E N H E-4 a� N U a� W E H z z a N z 0 E 0 U > > a ❑ > > a > > > a ❑ > > > > > > a w a Q W a Q a Q Q a W a Q Q Q Q Q Q E E- E- E -E £ E. 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W Z W w 0❑£ P m x£ m O U' x£ U W F x �4 Q a s MO a x U $ Z P U Z a a U z Z m a W Z a W z a E Z O H O a u Z W U W P P E H a W x O W Q H a a 0 2> a 0 0 P x Q F a iL z m w m x a a a 0 a a H E a m 2 a a a m W z Z 0.aai 3 >aQ' a JL N Q iaQ� a m 2 w Q z z 0 a z m �D l0 O ti N M c N \D M c N N N N N N N m m M M m M �o io r r r r r r r r r r r r r r r r r r r o 0 t 66 67 FLAHERTY DIANE M RAPHAEL CATHERINE MARY 69 MIACOMET AVE 26 MIACOMET ROAD NANTUCKET, MA 02554-2721 NANTUCKET, MA 02554 66 67 ALBAUGH JOAN P BERMAN SUSAN J 73 MIACOMET AVE 28 MIACOMET RD NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 NANTUCKET TOWN OF GAMMILL COREY 16 BROAD ST 56 MIACOMET AVE NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 NIPATNANTAPORN VIROJ HOWARTH JAMES R & 17 MIACOMET RD CREEDON GREGORY C NANTUCKET, MA 02554 58 MIACOMET AV NANTUCKET, MA 02554 67 67 GALKIN EDWIN N RAY RICHARD L & EDITH ANN DILL 108 BUCHANAN RD PO BOX 615 EDISON, NJ 08820 NANTUCKET, MA 02554 67 67 AFANASIEVA GALYNA DILLON MIRIAM TRUSTEE PO BOX 3740 SIXTY TWO MIACOMET AVE NOM TR NANTUCKET, MA 02584 PO BOX 271 NANTUCKET, MA 02554 67 1 67 NESSELRODT DENISE M JEKANOWSKI THOMAS R & JEANNE M 65 R MIACOMET AVE 64 MIACOMET AVENUE NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 SHEPHERD RONNIE L ANZOVINO JANE 63 MIACOMET AV PO BOX 29 NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 67 HANSON MONICA J SPARROUGH MICHAEL & KATHLEEN ETA P O BOX 1868 6401 WESTERN AVE N W NANTUCKET, MA 02554 WASHINGTON, DC 20015 67 67 FUNDERBURG NANCY P & MAYO R RAY RICHARD L & EDITH ANN DILL 55 MIACOMET AV PO BOX 615 NANTUCKET, MA 02554 NANTUCKET, MA 02554 67 DILLON MIRIAM TRST SIXTY TWO MIACOMET AVE NOM TR PO BOX 271 NANTUCKET, MA 02554 80 RESIDENCES SHERBURNE CMNS INC 40 SHERBURNE COMMONS LN NANTUCKET, MA 02554 80 NANTUCKET ISLANDS LAND BANK 22 BROAD ST NANTUCKET, MA 02554 1 . � 9N / F- S �9pORA��= TOWN OF NANTUCKET BOARD OF APPEALS z NANTUCKET, MASSACHUSETTS 025540r wtri R Date : August 9 , 2018 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No . : 17-18 Owner/Applicant: EDITH ANN RAY and SETH H . DILLON, as Trustees of SIXTY-TWO MIACOMET AVENUE NOMINEE TRUST Property Description: 4 Dillon Court Map 67 , Parcel 353 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk . An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws . Any action appealing the Decision must be brought by filing a complaint in Nantucket Superior Court or Land Court within TWENTY (20) days after this day' s date . Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days . 4g% --------' N Eleanor W. Antonietti , Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587 . NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket,Massachusetts 02554 Assessor's Map 67, Parcel 353 Certificate of Title 20158 4 Dillon Court Land Court Plan 38026-J Residential-20 (R-20) Lot 34 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, opened at 1:00 P.M. on Thursday, June 14, 2018 and closed on Thursday, July 12, 2018, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of EDITH ANN RAY and SETH H. DILLON, as Trustees of SIXTY-TWO MIACOMET AVENUE NOMINEE TRUST, do Reade, Gullicksen,Hanley&Gifford,LLP,Post Office Box 2669,Nantucket, Massachusetts 02584, File No. 17-18: 2. The applicants request relief by Variance pursuant to Nantucket Zoning By-law §139-32 from the minimum lot area requirement and maximum allowable ground cover ratio under By-law §139-16 (Intensity Regulations) in order for locus to be used as a residential building lot with up to 1,500 square feet of ground cover. Locus, an undersized lot, is situated at 4 Dillon Court, is shown on Assessor's Map 67 as Parcel 353 and on Land Court Plan 38026-J as Lot 34, and is situated in a Residential-20 (R-20) zoning district. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. There was no Planning Board recommendation. Except for presentation by the applicant's representatives,there was no support nor opposition presented at the public hearing. 4. Locus,which contains 13,401 square feet in lot area and has 40 feet of frontage on the end of Dillon Court, was formerly in the Residential Commercial-2 (RC-2) zoning district, in which minimum lot area was 5,000 square feet and minimum frontage was 40 feet, and was created as a separate lot by an approval-required subdivision plan endorsed by the Planning Board on March 23, 2009, based upon a preliminary plan filed on April 5, 2007, and approved by the Planning Board. This plan showed two building lots, and a roadway lot(Dillon Court). Locus is now in a Residential-20 (R-20) district, in which minimum lot area is 20,000 square feet and minimum frontage is 75 feet. The"plan freeze" of the RC-2 zoning expired on March 23, 2017,eight years following the date of endorsement of the plan. Meanwhile, the subdivision plan has been filed with the Land Court, Dillon Court is now shown upon the Town's maps, and the lots on the plan 2 are taxed as separate lots. Locus contains a single-family dwelling which pre-existed the subdivision,while Lot 35 (2 Dillon Court) is vacant. 5. The Board of Appeals noted that, in the absence of relief and if the subdivision were set aside (which would require Land Court proceedings), the combined land would be allowed to contain two dwellings. The applicants offered to accept a condition in the decision that there be no structures upon either lot except for one single family dwelling upon each, with no secondary dwellings, sheds,pools, or other structures. 6. Accordingly, the Board of Appeals made the finding, by unanimous vote, that due to conditions affecting locus and not generally affecting land in the R-20 district in which it is situated,relating to the shape,topography and soil conditions of locus, and creating a hardship for the applicants, the Variance relief requested by the applicants can be granted without derogation from the purpose and intent of the By-law, and by the same vote granted the requested relief by variance,validating locus as a separate building lot, subject to the conditions set forth below. 7. The relief granted hereby is subject to the following conditions: (a) Structures upon locus shall be limited to one single-family dwelling. (b) No shed, secondary dwelling,pool or other structure shall be constructed or placed upon locus. ! A I A 3 Assessor's Map 67, Parcel 353 Certificate of Title 20158 4 Dillon Court Land Court Plan 38026-J Residential-20 (R-20) Lot 34 Dated: July 12, 2018 E • d S. Toole _ Lisa Boni elli r IVchae J. 0' ara 4111 Sirri Mc arthy v V/ Mark Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. On the day of 1C1L)354 y , 2018, before me, the undone of the d notary abe named personally appeared {cjj&ivGt ` 7 Lt members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that they signed the foregoing instrument as their free act and deed - 6d voluntarily for the purposes therein expressed. C- A Officia ignatur. and eal of wiv%ry Public MEGAAV Notary Pubic, N el E� My commission pir 8 dQ�6 COMnilian EON he&Y 08,202° 5